Vashishth Das Sadhak @ Vashishth Das v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and Another

Court No. - 12 Case :- APPLICATION U/S 482 No. - 10960 of 2023 Applicant :- Vashishth Das Sadhak @ Vashishth Das Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Amar Nath Dubey,Anil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to quash the criminal proceeding of criminal Case No.2634/2023 arising out of charge sheet dated 4.2.2023 relating to case crime No.570/2022, under Sections-419, 420, 352, 504 1.P.C Police Station-Kotwali Ayodhya, District-Ayodhya State of U.P. Versus Vashishth Das and others as well as impugned summoning order dated 4.4.2023 passed by the learned Chief Judicial Magistrate, Faizabad now Ayodhya in the aforesaid case, so far relates to the petitioner and further it may be pleased to stay the criminal proceeding of criminal Case No. 2634/2023 arising out of charge sheet dated 4.2.2023 relating to case crime No.570/2022, under Sections-419, 420, 352, 504

1.P.C Police Station-Kotwali Ayodhya, District-Ayodhya State of U.P. Versus Vashishth Das and others as well as impugned summoning order dated 4.4.2023 passed by the learned Chief Judicial Magistrate, Faizabad now Ayodhya in the aforesaid case, so far relates to the petitioner.

¶3After arguing the matter up to some length, learned counsel for the applicant submits that he does not want to press this application on merit and he confines his prayer only to the extent that applicant may be permitted to move discharge application through counsel and suitable directions may be issued for expeditious disposal of the same.

¶4Learned A.G.A. has no objection in grant of aforesaid prayer.

¶5In view of above, it is provided that applicant is permitted to move his discharge application(s) through counsel within four weeks' from today and in case any such application(s) is/are being filed, same shall be heard and decided expeditiously after hearing the parties, in accordance with law, by means of a reasoned and speaking order.

¶6Till the aforesaid period of four weeks' and during pendency of discharge application, no coercive steps shall be taken against the applicant in the aforesaid case.

¶7In case of failure on the part of applicant in moving the discharge application(s) within the aforesaid period, he will not be entitled to the benefit of this order.

¶8With above directions, this application stands disposed of. Order Date :- 7.11.2023 Vipul High Court of Judicature at Allahabad, Lucknow Bench